STATE v. FRIESIAN HOLDINGS

No. COA20-867.

869 S.E.2d 327 (2022)

2022-NCCOA-32

STATE of North Carolina EX REL. UTILITIES COMMISSION; Public Staff-North Carolina Utilities Commission, Appellees, v. FRIESIAN HOLDINGS, LLC, Petitioner; North Carolina Sustainable Energy Association, Intervenor; and North Carolina Clean Energy Business Alliance, Intervenor, Appellants, v. Duke Energy Progress, LLC and North Carolina Electric Membership Corporation, Intervenors.

Court of Appeals of North Carolina.

Filed January 18, 2022.


Attorney(s) appearing for the Case

Fox Rothschild LLP, Raleigh, by Karen M. Kemerait , and Kilpatrick, Townsend & Stockton LLP, by Steven J. Levitas , Benjamin L. Snowden , Raleigh, and Adam H. Charnes , for Petitioner-Appellant.

Layla Cummings, Dianna W. Downey , and Robert B. Josey, Jr. , for Appellee Public Staff-North Carolina Utilities Commission.

Benjamin W. Smith and Peter H. Ledford , for Intervenor-Appellant North Carolina Sustainable Energy Association.

Adam Foodman , Charlotte, and John D. Burns , for Intervenor-Appellant North Carolina Clean Energy Business Alliance.

Nexsen Pruet PLLC, by David P. Ferrell , Raleigh, and Richard M. Feathers and Michael D. Youth , for Intervenor-Appellee North Carolina Electric Membership Corporation.

Jack E. Jirak , for Intervenor Duke Energy Progress, LLC.


¶ 1 North Carolina has made significant strides in generating and employing alternatives to carbon-emitting fuels. We rank fourth in the nation in solar installations, with solar making up nearly eight percent of our state's electricity.1 Our legislature has enacted clean energy goals including a 70...

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